Kiran v. State of Karnataka; 2025 INSC 1453 - Ss.428,432-435 CrPC - Remission - Set Off- Sessions Court Power

Code of Criminal Procedure - Section 432-435 -[Sections 473-477 BNSS]: The sentence of life imprisonment means the entire life, subject only to the remission and commutation provided under Cr. PC and also to Articles 72 and 161 of the Constitution of India, which cannot be curtailed by a Sessions Court -The power to grant remission and commutation under Sections 432 to 435 Cr.PC cannot be curtailed by the Sessions Court, when the remission as provided under the Constitution was declared to be not permissible of interference by the Constitutional Courts - The power of alternate sentencing to cover the hiatus between 14 years and death, cannot be applied by the Sessions Courts. Hence, the sentence of life imprisonment cannot be directed to be till the end of natural life, by the Sessions Court which direction would be in conflict with the provisions of the Cr. PC. (Para 15)

Code of Criminal Procedure - Section 428 [Section 468 BNSS] - The statutory imprimatur in Section 428, Cr. PC is that the period of detention undergone by an accused during the investigation, inquiry or trial of a case, before the date of conviction in the case shall be set-off against the term of imprisonment imposed on the accused, as the sentence on such conviction - Sessions Court, a creation of the Cr.PC cannot curtail the provision under Section 428, Cr.PC, available in the Code which created it. (Para 9)